11-16-04 Item 9sour
INCORPORATED
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City of South Miami
ORDINANCE
Date: November 16, 2004
ITEM No. L?
Re: LDC Amendment
Technical Amendments
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED
"ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO UPDATE
THE LIST AND PURPOSE STATEMENTS FOR EXISTING ZONING
DISTRICTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
During the process of preparing amendments to implement the new Historic Preservation
Overlay zone, it was determined that the section of the Land Development Code which lists all
of the City's zoning use districts and the purpose statements had not been properly updated to
include recently created new districts, special districts, and overlay districts. Many of these
districts, although shown on the official zoning map, are not listed or defined. The submitted
technical amendment ordinance will correct this situation.
AMENDMENT ORDINANCE
The proposed ordinance updates Section 20 -3.1, "Zoning Use Districts and Purposes" which is
an official listing of zoning classifications and the symbols to be used on the zoning map. The
amendments allow for all of the current zone districts to be listed and a general district purpose
included. The following existing districts together with a purpose statement and map symbol are
included: CS -OV, HD -OV and PUD. In addition, the TODD district listing is expanded to show
that there are five TODD sub- districts.
LDC Amendment
Technical Amendments
November 16, 2004
Page 2 of 2
PLANNING DEPARTMENT ACTION
The Planning Board at its August 31, 2004 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the proposed amendment ordinance as drafted by staff.
RECOMMENDATION
The City Commission at its November 1, 2004 meeting approved the proposed ordinance on
first reading. It is very important that this particular section of the Code be updated and approval
of the attached draft ordinance on second reading is recommended.
Attachments:
Draft Ordinance
Excerpt from Planning Board Minutes 8 -31 -04
Public notices
MD /DOD /SAY o
E: \Comm 1te 004 \I 1- 1- 04 \PB -04 -016 (A) LDC use districts Amend Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
5 AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
6 CODE, BY AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE
7 DISTRICTS AND PURPOSES" IN ORDER TO UPDATE THE LIST AND
8 PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS ;
9 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the listing of zoning use districts and the purpose statements in the Land
14 Development Code have not been properly updated to include recently created new districts,
15 special districts, and overlay districts; and
16
17 WHEREAS, the official zoning map is showing existing zoning districts which are not listed
18 or defined in the Land Development Code section which sets forth the City's zoning districts; and
19
20 WHEREAS, the Planning Department and the Planning Board are in the process of
21 updating, clarifying, and improving the provisions of the City's Land Development Code,
22 specifically those revisions recommended by the City's Zoning Task Force; and
23
24 WHEREAS, the City's Zoning Task Force in 2002 recommended that the list of Land
25 Development Code zoning districts be updated; and
26
27 WHEREAS, the Planning Board at its August 31, 2004 meeting, after public hearing,
28 approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land
29 Development Code amendments contained in this ordinance be adopted; and
30
31 WHEREAS, the City Commission desires to accept the recommendations of the Planning
32 Board and enact the aforesaid amendment.
33
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38
39 Section 1. That Section 20 -3.1, entitled "Zoning Use Districts and Purposes" of the South Miami
40 Land Development Code is hereby amended to read as follows:
41
42 Section 20 -3.1 Zoning Use Districts and Purposes.
43
44 (A) Zoning Districts Established. In order to implement the intent of this Code
45 and the city's adopted Comprehensive Plan, the City is hereby divided into eigMoea
46 twenty nine (29) zoning use districts with the symbol designations and general purposes
47 listed below and permitted uses set forth in Section 20 -3.3(D
48 . Standards shall be uniform throughout
49 each zoning use district. District symbols and names shall be known as:
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(2)
Symbol
Name
RS -1
Estate Residential
RS -2
Semi- Estate Residential
RS -3
Low Density Single- Family
RS -4
Single- Family
RS -5
Single- Family (50' lots)
RT -6
Townhouse Residential
RT -9
Two- Family /Townhouse Residential
RM -18
Low Density Multi- Family Residential
R4 -24
Medium Density Multi- Family Residential
RO
Residential Office
LO
Low- Intensity Office
MO
Medium- Intensity Office
NR
Neighborhood Retail
SR
Specialty Retail
GR
General Retail
TODD(MU-4)
Transit- Oriented Development District
(Mixed Use -4)
TODD (MU -5)
Transit- Oriented Development District
(Mixed Use -5)
TODD (LI -4)
Transit- Oriented Development District
(Light Industrial -41
TODD (PI)
Transit- Oriented Development District
(Public/Institutional)
TODD MR)
Transit- Oriented Development District
(Parks & Recreation)
PUD -R
Planned Unit Development- Residential
PUD -M
Planned Unit Development -Mixed Use
PUD -H
Planned Unit Development- Hospital
HP -OV
Historic Preservation Overlay
HD -OV
Hometown District Overlay
CS -0V
Community Service Overlay
H
Hospital
PI
Public /Institutional
PR
Parks and Recreation
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(3)
District Purpose Statements.
(1) "RS -1 " Estate Residential District: The purpose of this district is to provide
for estate type single- family residential development located in a spacious
rural -like setting which emphasizes the preservation of open space. This
district is appropriate in areas designated "Single- Family on the city's
adopted Comprehensive Plan.
(2)
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(4)
(5)
"RS -2" Large Lot Single- Family Residential District: The purpose of this
district is to provide for semi - estate type single- family residential
development located in a relatively spacious setting which emphasizes the
preservation of open space. This district is appropriate in areas designated
"Single- Family" on the adopted city's comprehensive Plan.
"RS -3" Medium Lot Single - Family Residential District: The purpose of this
district is to provide for low- density single- family residential development
located in a moderately spacious setting which emphasizes the preservation
of open space. This district is appropriate in areas designated "Single -
Family" on the city's adopted Comprehensive Plana
"RS -4" Small Lot Single- Family Residential District: The purpose of this
district is to provide for single- family residential development located on
smaller lots and to protect and improve the character of existing
development in the area. This district is "appropriate in areas designated
"Single- Family" on the city's adopted Comprehensive Plan.
"RS -5" Small Lot Single- Family (50' lots) Residential District: The purpose
of this district is to provide for built -out single - family residential
subdivisions characterized by smaller 50' lots and to protect and improve
the character of existing development in the area. This district is appropriate
in areas designated "Single- Family" on the City's adopted Comprehensive
Plan.
(6) "RT -6" Townhouse Residential District: The purpose of this district is to
provide suitable sites for the development of well planned, environmentally
compatible, low density townhouse projects on sites of at least 60,000
square feet, which are located in such a manner as to serve as effective
transitional land use elements between single - family and more intensive
multi- family residential or commercial areas. This district is appropriate in
areas designated "Townhouse Residential" or "Two- Family /Townhouse
Residential on the city's adopted Comprehensive Plan.
(4)
(7) "RT -9" Two- Family /Townhouse Residential District: The purpose of this
district is to provide suitable sites for the development of well planned,
environmentally compatible, low density attached single - family residential
projects of a two - family and /or townhouse nature, which are located in such
a manner as to serve as effective transitional land use elements between
single- family and more intensive multi - family residential or commercial
areas. This district is appropriate in areas designated "Two-
Family /Townhouse. Residential" on the city's adopted Comprehensive Plan.
(8) "RM -18" Low Density Multi - Family Residential District: The purpose of
this district is to provide suitable sites for the development of low density
multi- family residential uses with appropriate landscaped open space which
are located in such a manner as to serve as an effective transitional land use
element between less intensive residential uses and more intensive multi -
family and /or commercial uses. This district is appropriate in areas
designated "Low Density Multi - Family Residential" on the city's adopted
Comprehensive Plan.
(9) "RM -24" Medium Density Multi - Family Residential District: The purpose
of this district is to provide suitable sites for the development of medium
density multi - family residential uses with appropriate landscaped open
space. This district is appropriate in areas designated "Medium Density
Multi- Family Residential" on the city's adopted Comprehensive Plan.
(10) "RO" Residential Office District The purpose of this district is to provide
suitable sites which will accommodate the limited office space needs of
certain low impact professional services in attractive low profile buildings
on heavily landscaped sites, architecturally similar to and compatible with
nearby single - family structures. The district should serve as a transitional
buffer between established single- family neighborhoods and major traffic
arterials or more intensive uses, and is appropriate in areas designated
"Residential Office" or "Low Intensity Office" on the city's adopted
Comprehensive Plan.
(11) "LO" Low - Intensity Office District: The purpose of this district is to permit
low- intensity office development and redevelopment, without necessarily
being compatible in appearance with single- family residential areas. This
district is appropriate in areas designated "Low- Intensity Office" on the
city's adopted Comprehensive Plan.
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(5)
(12) "MO" Medium- Intensity Office District: The purpose of this district is to
accommodate professional and business office space needs in a relatively
intensive centrally located manner. This district is appropriate in areas
designated "Medium- Intensity Office" on the city's adopted Comprehensive
Plan.
(13) "NR" Neighborhood Retail District: The purpose of this district is to permit
convenience commercial uses which provide for the everyday retail and
personal service needs of nearby residential neighborhoods in a compatible
and convenient manner. This district is appropriate in areas designated
"Neighborhood Retail Development" on the city's adopted Comprehensive
Plan.
(14) "SR" Specialty Retail District: The purpose of this district is to maintain the
basic specialty retail character of the Sunset Drive commercial area by
encouraging comparison retail uses at the pedestrian- oriented grade level
and office and residential uses on the upper floors of all buildings. This
district is appropriate in areas designated "Spoeialty Rot`
"Mixed Use Commercial Residential" on the city's adopted
Comprehensive Plan.
(15) "GR" General Retail District: The purpose of this district is to delineate
areas which permit a broad range of retail uses. Uses that are strongly
oriented toward the motoring public are discouraged in this district. This
district is appropriate in areas designated "General Retail" on the city's
adopted Comprehensive Plan.
(16)- (20) "TODD "' Transit - Oriented Development District: (includes TODD(MU-
4) TODD(MU -5), TODD (LI -4)1 TODD (PI), TODD (PR) The purpose
of this district is to maximize the presence of a mass transit center located
within walking distance of the boundaries of the district. The TODD
District is intended to provide for the development of office uses, office
services, office- related retail, retail, retail services, and residential uses in
multi -story and mixed use projects that are characteristic of transit- oriented
developments. Regulations provide for the continuation of existing light
industrial uses, but encourages redevelopment through flexible building
heights, design standards, and performance- oriented incentives. The district
is appropriate in areas designated "Transit- Oriented Development District"
on the City's adopted Comprehensive Plan and Future Land Use Map.
(21) -(23) "PUD" Planned Unit Development: (includes PUD- R,PUD- M,PUD -H)
The purpose of this district is to allow a tract of land to be developed as
a unit under single ownership or unified control,
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(6)
which includes one or more principal buildings or uses. A PUD
encourages design flexibility versus traditional siting such as side yards,
setbacks, height A greater flexibility in locating buildings and in
combining various uses will achieve better economics in construction,
preservation of open space and inclusion of amenities. The district is
appropriate in areas designated residential, multi- family, commercial,
transit oriented, mixed use or public/ institutional areas on the city's
adopted Comprehensive Plan and Future Land Use Map.
HP -OV" Historic Preservation Overlay: The purpose of this district is to
preserve and protect historic and /or architecturally worthy buildings, sites,
neighborhoods or archaeological zones, which impart a distinct aspect to the
City of South Miami and which serve as visible reminders of the history
and cultural heritage of the City, the State and the Nation. The HP -OV
zoning district shall overlay existing use districts, and all uses allowed by
the underlying use district shall be permitted. The provisions, standards, and
procedures set forth for properties designated as an historic site or district
shall be in addition to all other applicable requirements in the Land
Development Code. The district is appropriate in any land use categories on
the city's adopted Comprehensive Plan and Future Land Use Map.
251 "HD -Of" Hometown District Overlay: The purpose of this district is to
implement a mixed -use commercial/residential land use category that is
characteristic of traditional down - towns. It is intended to provide for
different levels of retail uses, office uses, retail and office services and
residential dwelling units with an emphasis on mixed use development.
In order to assure a mix of uses, the City requires that a minimum of
two of the above uses must be included within each project. The land
development regulations contained herein reinforce South Miami's
Comprehensive Plan by establishing new standards for development as
an overlay to existing development regulations within the boundaries of
the Hometown District. The district is appropriate in the mixed use
areas on the city's adopted Comprehensive Plan and Future Land Use
Map.
(26) "CS-OP' Community Service Overlay : The purpose of this district is to
promote the health, safety, community- acceptable standards of morals
and general welfare of the residents of the City of South Miami. The
Community Services overlay zoning district is intended to provide for
the establishment of an overlay zoning district in the Charrette Two
Study Area, in order to provide for the special needs of community -
based service providers and, specifically, to permit parking lot
improvements, out - parcel development, day care center facilities and
building additions for those properties under the sole ownership of
community -based service providers, such as churches, mosques,
synagogues, or temples. The district is appropriate in the residential
areas on the city's adopted Comprehensive Plan and Future Land Use
Map.
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5
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9
1.0
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(27) "H" Hospital District: The purpose of this district is to permit, as a special use,
areas that will accommodate various hospital needs in a manner compatible
with nearby residential areas. The district also permits office ` uses at
appropriate intensities in the event that hospital uses are terminated and is
appropriate in areas designated "Hospital /Office" on the city's adopted
Comprehensive Plan. The unique nature of hospital usage and its quickly
changing needs and characteristics makes their proper regulation under
ordinary zoning regulations difficult. Hospitals located near residential areas
are both an asset in terms of jobs and services provided and a liability in terms
of traffic generated and their propensity to expand. It is the intent of this district
to establish stable land use patterns in hospital areas upon which local residents
and hospitals can both rely.
(28) "PI" Public /Institutional District: The purpose of this district is to provide
for schools, governmental facilities, utilities and churches and similar uses,
with building heights and intensities compatible with surrounding districts.
This district is appropriate in areas designated "Public and Semi - Public" on
the city's adopted Comprehensive Plan.
2( 9) "PR" Parks and Recreation District: The purpose of this district is to
provide for public parks and open space areas, including those associated
with schools. This district is appropriate in areas designated "Parks and
Open Space" on the city's adopted Comprehensive Plan.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 52004
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts - Cooper:
Commissioner Sherar:
CITY ATTORNEY
NOTE: New wording underlined; wording to be removed indicated by strike -
through.
E: \Comm Items\2004 \11- 1- 04 \LDC Tech Amend Use Districts Ord.doc.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 31, 2004
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:58 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy,
Mr. Comendeiro, and Mr. Illas.
Board members absent: Ms. Gibson and Mr. Mann.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
PB -04 -016 (A)
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENTS
TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
AMENDING SECTION 20 -3.1 ENTITLED "ZONING USE DISTRICTS AND
PURPOSES" IN ORDER TO UPDATE THE LIST AND PURPOSE STATEMENTS
Planning Board Meeting
August 31, 2004
FOR EXISTING ZONING DISTRICTS; PROVIDING FOR SEVERASILITY;
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into record. Mr. Youkilis presented the staff
report. He explained that during the process of preparing amendments to implement
the new Historic Preservation Overlay zone the it was determined that the section
of the Land Development Code which lists all of the City's zoning use districts and
the purpose statements had not been properly updated to include recently created
new districts, special districts, and overlay districts. Many of theses districts,
although shown on the official zoning map, are not listed or defined. The submitted
technical amendment ordinance will correct this situation.
Mr. Youkilis stated that the proposed ordinance updates Section 20 -3.1, "Zoning
Use Districts and Purposes" which is an official listing of zoning classifications and
the symbols to be used on the zoning map. The following existing districts together
with a purpose statement, and map symbol are being listed: CS -OV, HD -OV and
PUD. In addition the TODD district listing is expanded to show that there are five
TODD sub- districts. He concluded the report by stating that it was very important
that this particular section of the code be kept up -to -date.
At this time, Mr. Morton opened the Public Hearing.
No speakers were present.
Motion: Mr. Illas made a motion to recommend approval of the ordinance
updating the list of zoning districts. Ms. Yates seconded the motion.
Vote: Ayes 5 Nays 0
DOD /SAY /pel
K:\PB \PB Minutes \2004 Minutes \PB MINS 8- 31- 04.doc
MIAMI DAILY BUSINESS REVIEW
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PUBI�c HEARING
Published Daily except Saturday, Sunday and
-
Legal Holidays
Miami; Miami-Dade County, Florida
Comission of the City of Souih
NOTICE IS HEREBY., given thatthe City m
STATE OF FLORIDA
Miami Fionda will..= conduct Public Hearings at its: regular Ciiy
COUNTY OF MIAMI -DADEd
Commission meetmg scheduled for Tuesday November 16 2004,
beginntriy at 730 pm m the Ctty Commission Chambers 6130:
Before the undersigned authority personally appeared
SunsetDnve tocorisiderthefollowmgitems
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Secohd Reading
ORDINANCE
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OF THE MAYOR AND CITY COMMISSION =:.
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
AN
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CITY OF SOUTH MIAMI FLORIDA RELATING TO A
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County, Florida; that the attached copy of advertisement,
REQUEST
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OF SOUTH MIAMI LANb DEVELOPMENT CODE BY
being a Legal Advertisement of Notice in the matter, of
CHANGING
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